a year as part of our membership. This is generally netting, this involves using a row boat, labouring, hedge cutting and tree felling. If anyone of the member we to suffer an injury how does the club and the member stand, legally. Could the club be taken to court.
2007-07-20 08:20:19 · 3 answers · asked by Stephen G 1 in Politics & Government ➔ Law & Ethics
As a club, you should have public liability insurance which would cover claims for injuries to any of you. i think. You should check it out.
2007-07-20 08:25:58 · answer #1 · answered by jeanimus 7 · 0⤊ 0⤋
If the club could not be taken to court for a personal injury case then that would make them "immune" from the law. Almost without exception no one can be (the Queen in her personal capacity is one such example).
The club, like any other, owe the members a "duty of care". If they are shown to be negligent then of course they, like anyone else, can be sued.
If they have disclaimers for liability then these may prove effective. The main leglislation is contained in the Unfair Contract Terms Act 1977 (UCTA 1977) which concerns disclaimers of liability.
Death of personal injury are exempt from the Act - Void. So, if I had a sign saying "No responsibility held for injury howsoever caused or fatalities" this would fail.
Under s2(1) of the act all other disclaimers are suject to the test of "reasonableness" and this is a question of fact in each case.
Due to the fact the club may be liable the best advice I could give would be to take out insurance. After all isn't that the route taken my most companies/bodies?
Hope that helps!
2007-07-20 11:15:12 · answer #2 · answered by Vipguy 3 · 0⤊ 0⤋
Does the membership agreement have any indemnity clauses in it?
2007-07-20 08:24:13 · answer #3 · answered by Michael C 7 · 0⤊ 0⤋